Case Digest (G.R. No. 170365) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Abdul Gaffar P.M. Dibaratun v. Commission on Elections and Abdulcarim Mala Abubakar, decided February 2, 2010, the petitioner Abdul Gaffar P.M. Dibaratun was proclaimed Punong Barangay of Barangay Bagoainguid, Tugaya, Lanao del Sur following the synchronized July 15, 2002 elections. Respondent Abubakar, the re-electionist candidate, filed a petition with the COMELEC alleging that violence erupted in Precinct No. 6A/7A when Alipecry Acop Gaffar, son of the petitioner, was caught attempting to insert three pre-marked ballots, causing the presiding officer to flee and the ballot box to be destroyed and tampered with. Only ten qualified voters had cast their ballots out of 151, and voting never resumed. Although the local Election Officer recommended a special election, the precinct board clandestinely canvassed the returns and proclaimed Dibaratun. On October 17, 2005, the COMELEC en banc, invoking Section 6 of the Omnibus Election Code and Rule 26 of its Rules of Procedure, dec Case Digest (G.R. No. 170365) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Background of the Election
- On July 15, 2002, synchronized Barangay and Sangguniang Kabataan elections were held in Barangay Bagoainguid, Municipality of Tugaya, Lanao del Sur, including Precinct No. 6A/7A at Cayagan Elementary School.
- After canvassing of election returns, petitioner Abdul Gaffar P.M. Dibaratun was proclaimed Punong Barangay and issued a Certificate of Canvass and Proclamation dated July 16, 2002.
- Petition for Failure of Elections
- Respondent Abdulcarim Mala Abubakar, a re-electionist candidate, filed SPA No. 02-481 with the COMELEC en banc to:
- Declare a failure of elections in Precinct No. 6A/7A.
- Annul Dibaratun’s proclamation.
- Abubakar alleged that at around 10:30 AM, with only ten voters having cast ballots, Alipecry Acop Gaffar (petitioner’s son) was caught in possession of three filled ballots for Dibaratun. A confrontation ensued, violence erupted, the ballot box was seized, destroyed, and substituted ballots inserted, after which voting was suspended. Only 10 of 151 registered voters had voted; further voting was not resumed.
- COMELEC en banc Resolution
- In its October 17, 2005 Resolution, SPA No. 02-481 was given due course.
- The COMELEC en banc:
- Declared failure of elections in Precinct No. 6A/7A for suspension of voting before the closing hour due to violence.
- Annulled Dibaratun’s proclamation and ordered him to cease and desist from exercising the office.
- Directed the incumbent Punong Barangay to hold over under R.A. No. 9164, Sec. 5, pending special elections.
- Petition for Certiorari before the Supreme Court
- Dibaratun filed a petition under Rule 64 in relation to Rule 65 of the Rules of Court, alleging grave abuse of discretion by the COMELEC en banc in:
- Granting an allegedly late and unmeritorious petition.
- Failing to require proper objections during the electoral process.
- Erroneously declaring failure of elections and calling special elections.
- The Supreme Court reviewed the COMELEC’s exercise of its constitutional and statutory powers under the Omnibus Election Code.
Issues:
- Timeliness and Jurisdiction
- Whether the COMELEC en banc abused its discretion in giving due course to Abubakar’s petition despite alleged non-compliance with filing periods and pre-proclamation controversy procedures.
- Estoppel and Procedural Defaults
- Whether Abubakar was estopped from seeking relief for failure of elections after not objecting during casting, counting, and canvassing.
- Merits of Failure of Elections Declaration
- Whether the COMELEC en banc erred in finding that violence suspended voting before the closing hour, thereby affecting the outcome and justifying annulment and special elections.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)